Apr
22

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What Is a “Cap-Gap”?

Category: Best H-1B attorney in Scottsdale, Cap-gap, H-1B, H-1B attorney, H-1B attorney in Phoenix, H-1B cap, H-1B status, H-1B visa, OPT Tags: , , , , ,

Where an employer subject to the H-1B visa cap properly files an H-1B petition requesting an October 1 start date and a timely change of status on behalf of an F-1 student, student’s F-1 status and employment authorization (if in Optional Practical Training) is automatically extended until September 30, thus eliminating the “gap” between the time the F-1 status would have expired and the October 1 start date of H-1B status. If the H-1B petition is not filed before the OPT expires, the student may not be employed again until October 1. Cap-gap does not apply to cap-exempt H-1Bs.

Cap-Gap

Please note that this article does not constitute legal advice from our law firm. We simplified the law to provide general information about one aspect of the H-1B visa.  If you would like to discuss if you qualify for the cap-gap or need help obtaining an H-1B visa, schedule a consultation with an experienced immigration lawyer in Scottsdale, AZ today or call our office at 480-425-2009! We look forward to talking with you!

Apr
22

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What is STEM OPT and Who Qualifies for It?

Category: CIP code, F-1,, STEM OPT, Work authorization for F-1 students Tags: , ,

Foreign students with student visas may be eligible for 12 months of standard Optional Practical Training (OPT) at each higher educational level (one 12-month period at BA level then another at MA level). OPT must be directly related to the student’s major area of study. OPT allows F-1 students get work authorization in the United States.

STEM OPT is a form of OPT after the course of study is completed. Science, technology, engineering, or mathematics (STEM) students can qualify for STEM OPT if they have a degree in a STEM field or as part of a dual-degree program. The STEM subject must be the F-1 student’s major or dual major. A STEM student may be allowed a 24-month extension beyond the initial 12 months of OPT. In order to qualify for the 24-month STEM extension, the F-1 student’s field of study’s CIP (Classification of Instructional Programs) code has to be included on the U.S. Department of Homeland Security STEM Designated Degree program List.

Student Visa

Please note that this article does not constitute legal advice from an immigration lawyer.  We simplified the law to provide general information about one aspect of employment for F-1 students.  If you would like to discuss if you qualify for STEM OPT or what are employment options in the U.S. you may have, schedule a consultation with an experienced immigration lawyer in Scottsdale, AZ today or call the Juras Law Firm, PLC office at 480-425-2009! We look forward to talking with you!